Maryland Postnuptial Agreement Template

A Maryland postnuptial agreement is a legal contract that outlines property rights between spouses after they are married. Unlike prenuptial agreements signed before marriage, postnuptial agreements are created once a couple is already married. Both serve as important estate planning tools, offering protection during uncertain divorce proceedings.

Legal Considerations

• Signing Requirements: Both parties must disclose their assets and sign the document. (Nouri v. Dadgar (2020))
• Dividing Property: Equitable division. (§ 8–205)

Understanding Postnuptial Agreements in Maryland

Considerations

• Permitted Content: A husband and wife can create a legally binding deed or agreement concerning alimony, support, property, and personal rights, as per Md. Code Ann., Fam. Law § 8-101(a).
• Burden of Proof: Under § 8–101, a spouse challenging a valid separation agreement must typically prove why it shouldn’t be enforced. However, if they can show that there was a confidential relationship between the parties at the time of agreement, the burden shifts to the enforcing spouse to prove why it should be enforced, as per Cannon v. Cannon (2005).

Asset and Property Rights

Wife’s Separate Property

A married woman can:

• Engage in a business independently.
• Make contracts with anyone, including her husband.
• Bind herself and her assigns by covenants related to real property or chattels real, if deeded to her after March 19, 1867.
• Form a partnership with anyone, including her husband.
• Sue on any contract, even those made with her husband.
• Sue for the recovery, security, or protection of her property.
• Sue for any tort committed against her.
• Appoint counsel to represent her in specific legal actions [1] .

Capacity to Contract

• A husband and wife can create a valid deed or agreement regarding alimony, support, property rights, or personal rights.
• They can also make a valid and enforceable settlement on the same matters [2]

Marriage and Divorce

Intention to Divorce

• A deed or agreement between spouses does not prevent divorce actions.
• Applies regardless of:
  • Whether parties were living together or apart.
  • Timing relative to divorce grounds (before, after, or during) [3] .

  Spousal Support

  • Children’s Provision Modification: Courts can modify deed, agreement, or settlement provisions regarding the care, custody, education, or support of minor children if it’s in the child’s best interest.
  • Spousal Support Modification (Post-January 1, 1976): Courts can modify spousal support provisions in documents executed after January 1, 1976, unless explicitly stated as non-modifiable by the court.
  • Alimony or Spousal Support Modification Exceptions (Post-April 13, 1976): Courts can modify alimony or spousal support provisions in documents executed after April 13, 1976, except when:
    • There’s an express waiver of alimony or spousal support.
    • It’s specifically stated that the provisions are not subject to court modification [4] .

    Marriage Solemnized Out of State

    Enforcement by Power of Contempt:

    • The court can enforce divorce decree provisions from deeds, agreements, or settlements through contempt power.
    • Provisions in these documents, if stated to be incorporated but not merged into the divorce decree, can be enforced either through contempt or as an independent contract [5] .

    Modification:

    • The court has the authority to modify provisions from deeds, agreements, or settlements that are:
      • Incorporated into a divorce decree, regardless of merger status.
      • Eligible for modification under specific legal provisions [4] .

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      1. § 4-204. https://mgaleg.maryland.gov/2024RS/Statute_Web/gfl/gfl.pdf
      2. § 8-101. https://law.justia.com/codes/maryland/2015/article-gfl/title-8/subtitle-1/section-8-101
      3. § 8-102. https://law.justia.com/codes/maryland/2013/article-gfl/section-8-102/
      4. § 8-103. https://casetext.com/statute/code-of-maryland/article-family-law/title-8-deeds-agreements-and-settlements-between-spouses-property-disposition-in-divorce-and-annulment/subtitle-1-deeds-agreements-and-settlements-between-spouses/section-8-103-modification-of-deed-agreement-or-settlement#:~:text=2023%20Legislative%20Session-,Section%208%2D103%20%2D%20Modification%20of%20deed%2C%20agreement%2C%20or,best%20interests%20of%20the%20child.
      5. § 8-105. https://casetext.com/statute/code-of-maryland/article-family-law/title-8-deeds-agreements-and-settlements-between-spouses-property-disposition-in-divorce-and-annulment/subtitle-1-deeds-agreements-and-settlements-between-spouses/section-8-105-power-of-court-to-enforce-or-modify-provisions

      

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